St. Louis Post-Dispatch
June 4, 1909

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Only Evening Paper in 1 St Louis With the Associated Press News Service

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. VOL, 61. NO. 288. of. LOUIS, ‘FRIDAY EVENING, JUNE 4, 1909.

WARNING: GIVEN “TOA DODGER BY GRAND JUR a Return of Property Con- Stitutes Perjury.”

al T IS ASKED ~ Succeeding Grand Juries Asted to Scrutinize Returns Soon to Be Made. GRAND JURY WANTS NEW “WAMES FOR INSTITUTIONS price HE grand jury; in its report, : Se ASE asks for suggestions as to Agee & new names for the City In- ee gane Asylum and the City Poor- house. For the former it suggests | the name, ‘““‘The St. Louls Sani- Pusaideagge ” but adds that some other “more suitable title may be found. | The present names of both insti- eS ell the repogt states, are such | as to cause repulsion and alarm at

thought of lum, it is stated, may unsettle the reason of rsons who might be ite in an insane asy- | restored in a “sanitarium.’’

Tax dodgers are warned, in the Apri! grand jury’s final report, submitted to Judge Allen Friday, that “A false re- turn under oath constitutes perjury. conviction of which involves heavy pen. ality.” This admonition to the public, made timely by the fact that the As- Sessors return blanks are now beirg distributed, is followed Ly a request to succeeding grand juries that they fol- low up the returns made this month and to indict those who may be foun to have perjured themselves. The report speaks satirically of “the pitiful poverty of a great majority of our people on June 1, evidenced by scantily furnished. homes, empty watch _ pockets and lean purses, with the tre- - mendous shrinkage in the value of pre- _ clous stones and masterpieces of art, th, priceless May 31 and Jun: 2, m to be of little or no value Jiine 4 _ These conditions, the reports adds, “olearly indicate the need of a sharp awakening of the public conscience.” Many Recommendations Made. Other sections of the report contain the recommendations that a new home, outside the city, be purchased fr the Industrial School, that grand jurors he paid more adequately or not at all, and that the names of the City Insane Asy- lum and Poorhouse be changed for titles, less harsh in sound. The adminis- tration of the city institutions, the Jail and the Workhouse are commended. The paragraphs relating to taxation are as follows: Officials of the City Assessor's office and many witnesses of varied eallings living in different portions mm, of our city were examined with a “’ View to ascertaining the establishe } practice in the return and assessment ‘of real and personal property for taxation. As to realty, while we realize shifting values in the down- _ town section create a difficult prob- i _ lem, we are inclined to think thar ‘the burden of taxation ts falling -Yather more heavily on the small holders in the residence district than an On the owners of large business prop- erties, Equalization in this respect ' ig most important, both as a matter of j and revenue. Be As to personality, while conscien- tious statements are made in many ~ eases, both among the rich and the | poor, it is very apparent that a large | Proportion of our people make ir. adequate returns. a The trifling sums named by men of «large means, the admissions on the > Witriess stand, the discrepancies be- > twen tax returns and other public records in the item of automobiles, and the pitiful poverty of a great Majority of our people as of date _June.t, as evidenced by scantily fur- _ nished homes, empty watch pockets _ @nd lean purses, with the tremendous shrinkage in the value of precious _ stones and masterpieces of art, which priceless May 31 and June 2, seem ~t0 be of little or no value on June . 1 clearly indicate the need of a sharp 3 ‘awakening of the public — . Would Increase Reve Tre can be no doubt that say hon- | return of all ilems properiy tax- le | would greatly increase our reve- - ae and equitably “distribute our et government. Investigations } aS Ours, and comments such as have been made so often as to trite and of but passing in- law is clear, and, if unjust, a be tested and so adjudged. Teturn under oath consti-. m persury, convictiqn of which in- Pe heavy penalty. ‘ ae Nour citizens, without transfers, evyasions or reservations should make ro yer returns on the blanks which will be distributed at this time. Fail-

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‘COUSINS WHO DECEIVED PRIEST ABOUT CIVIL MARRIAGE IN ITALY

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ROSA DE MERCURIO. WED BY PRIEST BUT VALIDITY SIN QUESTION Unable to understand how the man she married before a church altar can be other than her husnand in the eyes of the law, Mrs. Rosa de Mercurio, li years old, is at her parents’ home”1414 North Seventh street, praying hourly that a reconciliation may come to free her from her present plight. If Anton de Mercurio would return to his girl bride, and go through a mar- riage ceremony which the law would recognize, all would be well. But in the present estrangement between the young pair, the wife is deprived of the husband’s companionship and has noi succeeded in forcing him to support her. She admits that she fibbed to the Rev. Father Caesar Spigardi when she told him that she and Anton, consins, had been married in Italy by a civil ceremony. “We had called at the City Hall,’’ she said ‘Friday, ‘‘and had been told that, because we were cousins, we would have to go to Kentucky to be married. “We did not want to go to Kentucky, and Anton said it would be all right if I would tell the padre we had been married by a civil ceremony in. Italy, and that we wanted the blessing of the church: So I told him this, and the others who wer, aiong said it was so, and the padre married us.” Wife Wants Husband Arrested. The matter came to the attention of the authorities when the wife asked Thursday for the arrest of De Mer- curio on a charge of abandoning her. Sergt. Adreveno told her he must see her marriage certificate, and she showed him one bearing the date of Sept. 27 last and the name of Father Spigard!, but net showing that any license had been issued. Father Spigardi, who has been asked to call on Asristant Prosecuting Attor- ney Falkenhainer and explain his part in the marriage, says he has not vio- lated the law. It has been his custom, he says, to give the bdDlessing of the church to cou- ples who have been married by -ctyil ceremony in Italy. The church tn Italy requires the religious ceremony, and the State the civil. *Deceived Priest. “These young people and their rela- tives assured me,’’ the priest said Fri- day, “that they had been married in Italy. If this is not true they shoulda be punished for deceiving me.’’ The Missouri statutes require that 11. censes must be issued before marriages are solemnized, and-makes the solemni- zation of an unlicensed marriage an of. fense, punishable by a fine of not more than $500.

— The Post-Dispatch is the only evening news. paper in St. Louis that receives or publishes news gathered by the Associated Press.

ANTON DE Miz..cUuRIo. GRAND JURY FINDS PUGS KILLED StL SON EXONERATED August Poos, a South Broadway jew- eler for whose death his son, Edward, was held under a $5000 bond, was found by the grand jury, in its repert Fri- day, to have been self-slain. Expert testimony showed he had fired a bullet through his own heart. Edward Poos did not know until informed by the grand jury that he was not his father’s slayer. He was overjoyed when exon, erated from responsibility for his fa- ther’s death. An indictment was returned against him for assault, one shot he fired hav- ing gone wild. The Poos tragedy oc- curred May 17 in the jewelry store at Broadway and President street. After being shot at by his son, Poos shot and seriously wounded his wife, who Was approaching him, and then ran through the store, firing his revolver. The son believed until the report was returned that the two shots he fired at his father caused his death, but the grand jury, after an exhaustive investi- gation, found that only one of the bul- lets fired by the son hit August Poos. The fatal wound tn the heart, according to the grand jury report, was fired by August Poos. He died on the way to the City Hospital. Young Poos surrendered and told the police he had killed his father. He said he shot his father in defense of his mother’s honor. Young Poos was held under bond to await the action of the grand jury. After a two. days’ investigation, the jury accounted for every one of the six shots fired in the jewelry store and con- cluded that the elder Poos committed suicide. The first shot fired by Edward Poos struck August Poos in the small of the back, near the left side, and passed out on the right side, but it was a flesh wound and would not have been fatal. The second shot, which the son be- lieved to have been the fatal one, lodged in a counter. The grand jury’s investigation showed that the first shot fired by August Poos struck his wife in the abdomen and in- flicted a dangervus wound, from which she is recovering slowly at the City Hospital. Two other shots fired by him struck

Continued on Page 32, “Column ae

i ‘ AY ‘ession, bers’

PATIENT'S JAW BROKEN, ASSERTS ASYLUM DOCTOR EY Dr. Graham Tells Managers of Cruelty to Patients at St. Joseph.

*& FEET Tie; DRAGGED

’Man Pulled Seventy-Five Feet Across Floor, Declares Witness.

%pecia!l to the Post-Dispatch ST. JOSEPH, Mo., June 4.—The inves- timation of charges of cruel‘y to patients at State Hospital No. 2 preferred against Dr. W. F. Kuhn, the superintendent, by Dr. Thomas E. Graham, formerly a staff physician at the asylum, which began last night, was continued throughovt today and probably wil! not be concluded before tomorrow. ~ It was announced at this forenoon's session that all the witnesses for the presecution would be examined before Dr. Kuhn would take the stand, and it may be that several from out of town / Will be sent for. There was an absence of bickering to- such as characterized last night’s although much bad feeling is shown at the hearing. Supt. Kuhn was very abusive toward | Dr. Graham at the opening session, but Was warned by the members of the , board to desist. At today’s session P. A. Lowe and VU. I’. Dixon, barbers, representing the Bar- Union. testified that they had vis- ited the asylum Dec. 30, 1908, at the re- guest of the Kansas City Barbere’ Union to see J. C. Graham, a patient from Kansas City. They said they found Graham with both eves black and black and blue places on his back. He told them he had been beaten by un attendant named Price. _ Overheard Talk of Cruelty. Several days later Dixon said he was in a barber shop in the city when Price entered. Dixon overheard him say that he had beaten up a patient at the hos- rital and quit when he feared the man was going to die, but that Dr. Ruhn had told him to come back as the man would get.well. Jacob Rosenfield, a St. Joseph pawn- broker, wept when he told of the treat- ment. of his wife, who was fintil her death several months ago, a patient at the hospital. Rosenfield said he had heen paying the hcspital $42 a month for a special nurse for his wife and that on visiting her he found the nurse ab- zent on a vacation with no substitute, although he was charged for her time. He also said that as soon as Kuhn succeeded Dr. Woodson as superintend- ent, the fare deteriorated, and was not proper food for insane persons. The examination ts conducted by W. K. Amick, an attorney recently ap- pointed as a member of the Hospital Board by Gov. Hadley. All questions tending to defend the course of Dr. Kuhn are asked by R. L. Spencer of St. Joseph, the only remaining Democrat and Folk appointee on the Board. Dr. Graham occupied the stand most of last evehing and made _ specific charges of cruelty as follows: Sept. 28, 1907—Ward #4.. Dr. Gra- ham found Thomas Yocum pouring cold water on David Labouf. Re- ported. Yocum removed to the !aun- dry department. Nov. 4, 197—Ward 30. Frank Ath- orst found with his legs tied. Dragged across the floor 75 feet. Attendants reported. ? Nov. 24, 197—Ward 20. Dr. Graham found attendants beating Benj. Hickey. Hickey was in a_ strait- jacket. Blood was coming from his ears and nose. An attendant said: “If you don't mind I will kill you.” Reported. Nov. 29, 19%7—Fisher,. a patient, was hit with the buckle of a strap and blood flowed. The patient had refused to “*> shaved. Reported. Epileptic. Sow Fractured. March 10, 198— “gra 2. Ham Bar- . rish, an epileptic, “uffered a frac- tured jaw. Barris. gaid a ward attendant did it. ID. Graham set the fractured jaw. March 2, 198—Ward 22. Cleo Myrick, a boy of 14, was found cry- ing. He said he was, slapped by Louis Otterson. Sept. 24, 19%8—Henry Reid, a pa- tient, was struck by an attendant. Reported to Dr. Kuhn. Sept. 28 198—An attendant was seen striking Samuel McLane over the head with a towel roller. Ro- ported to Dr. Kuhn. Dec. 23, 198—A patient Overall abused. tion. Dec. 24, 19%—J. ©. Graham was found with bruises on body and face. He was strapped to a benchi. ihe attendant quit. Feh. 2, 199—Ward 3. Graham saw an attendant throw Chasies Morris to the floor. The patienc was kicked. The attendant was discnarged. The charges made by Dr. Graham ani the resulting investigation follow a long a bitter internal strife at the asy- named Reported. No ac-

PRICE ONE: CENT ae " PATRICK LOSES LONG FIGHT, MUST SPEND HIS LIFE IN PRISON

Brother-in-Law of St. Louis Millionaire Is Denied ‘‘Lib- erty or Death.” « GOV. HIGGINS UPHELD ee New York Lawyer Had Main- tained His Constitutional Rights Were Violated. eee HISTORY OF PATRICK’S FIGHT FOR HIS LIFE Arrested Oct. 4, 1900. Trial began Jan. 20, 1902. Convicted March 26. 1902. Put in death house at Sing Sing, April 7, 1902. Appeal for new trial, 1908. Petition for new writ dented by trial court, March 3, 1902, Argument on appeal te Court of Appeais postponed for secend time, May 20, 1904. Argument Feb. 12, 1906. Argument for new trial, 15, 1906. ' Court refuses to grant new trial: affirms conviction, June 9, 1905. Refuses stay of execution, June 14, 1906. Execution set for Aug. 7, 16, 19065. Motion for reargument and stay of execution granted, July 2%, 1906. Loses appeal before Court of Ap- peals, Oct. 27, 1906 Governor refuses reprieve, Janu- ary, 1906. Gov. Hughes commutes punish- ment. June 4, 19089. Appellate Division of Supreme Court denies appeal for new trial.

Feb. 10, for reopeniu:sx case, March June

By Leased Wire From the New York Bureau of the Post-Dis patch. EW YORK, June 4.—Albert T. Pat- rick, convicted in 1900 of the murder of William Marsh Rice, a Texas mil- lionaire, teday lost the last battle in his niné years’ legal struggle for free- dom. The appellate division of the Su- preme Court in Brooklyn denied his ap- peal today for a new trial and the law- yer, in all probability, must spend the remainder of his life in Sing oe pris- on. Patrick’s final effort toward was dramatic in the’ extreme. Several times in the last few months he had come from his cell at Ossining to appear before the court to conduct his own appeal. His legal learning and natural abliity enabled him to make a strong plea. liberty He Asks Liberty or Death. Contending that the late Gov. Higgins had no right to commute his punish- ment from death in the electric chair to life imprisonment, he held that his con- stitutional rights had been violated and pleaded with the court to either set him free or send him to the chair. Other lawyers say that Patrick’s ca- reer at the bar would have been illus- trious had it not been marred by the crime of which he was convicted. William Marsh Rice, for whom Pat- rick had been conducting legal busi- ness, died Sept. 23, 1900. His death was first announced by his valet. Charles F. Jones. There was no sus- picion that the aged man had met with foul play until it was noticed that Pat- rick was in great haste to have the body cremated. Suffococited by Chloroform. The police invaded the Rice mansion when the funeral ceremony was in prog- ress and seized the body. Investigation proved that Rice had been suffocated by chioroform fumes and that slow poison had been administered to him. Patrick and Jones were arrested and the valet was convicted of the murder. He obtained his freedom by confessing the crime and accusing Patrick of using him as his tool. He said Patrick had tn- duced him to plead with Rice to will the lawyer his millions. Jones dramatically related how, when the’ slow poison seemed not to be work- ing effectually enough to suit Patrick, the lawyer bade him to saturate a sponge with chloroform. This was placed in a towel, twisted into the shape of a cone. The towel was held over Rice’s face until he died. mMerried After His Conviction. Patrick had wealth and influence to aid him in his fight for freedom. To show how confident he was of ultimate exoneration he married the landlady of a boarding house in which he formerly had lived. This was after his convic- tion. Of the many who believed in the in- nocence of Patrick, one of the staunch- est supporters has been John T. Milil- ken, millionaire St. Louis chemist, Pat- rick’s brother-in-law, who has spent a fortune to clear him of the charge. Early in the course of the trial Milli- ken made a public statement, in which he sald: “Albert Patrick is an innocent ~~ Continued om Page 2, Column 65.

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DRIVING RAIN PREVENTS GAME WITH GIANTS

& THINKS THE SUNSHINE PARTY IS ALL MOONSHINE, A storm. cloud that caused pe- destrians to scur- ry for shelter and timid persons to scan the sky anx- lously appeared over’ the city shortly .before 2 p. m. Friday, bring- ing with it a sud- den drop in the ternperature. The thermome- ter fell eight de- grees in five min- utes, from 74 de- grees at 2 p. m. to 66 degrees at 2:06. Rain began to fall at 2:10. A wind of about : ithirty miles an hour sprang up with the advent of the storm cloud. — : The Sfficial forecast: Fair tonight and Saturday; not much change in temper- ature; variable winds. The river is at 2.4, a fall of .8. Missourt-——Fair tonight ee? ‘Saturday; ~~ ae in tempera and eiiaaa! enerally yoy dat ccoler in central a porte Oe The Post-Dispatch fs the sisi ‘eae Geld evening newspaper in St. Louis that receives or publishes news gathered by the Asso- ciated Press. WIND AND RAIN STOP GIANT-CARDINAL GAME Owing to a heavy wind and rain storm which swept the city at 2 o'clock Friday, teday’s game be- tween the Giants and Cardinals

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.s * : * Me giiet wi CORONER'S JURY MEMBER SLAYS WIFE AND. SELF

Special to the Post-Dispatch. CHILLICOTHE, Mo., June 4-—Im- pelled by mental suggestion, received when he was sitting as a member of a Coroner’s jury which investigated the case of a man who killed his wife and then committed suicide, Charles Lamp went home and kilied his own wife and then took a fatal draught of carbolic acid. The detalls of thé tragedy were almost identical with those of the mur- der and. suicide which had been de- scribed by witnesses at the inquest. Lamp had moved to Idaho Falls; Ida- ho. He and his wife were former resi- dents of Livingston County, near here, and news of their death reached Chilll- cothe today. Crushes Wife's Skull. Lamp killed his wife by crushing her skull with,a hammer and then ended his own life by swallowing carbolic acid. Lamp'’s mind is supposed to have been deranged by a succession of circum- stances in which mental suggestion played the conspicuous part. He had been out of employment. He was deep- ly impressed by the evidence relating to the murder and muiesae just preceding his own crime. UE. ec. Lala at New’ York, poned on account of rain. Chicagc at Philadelphia, game post- poned on account of rain, Cleveland at Washington, game pos poned on account of rain. NATIONAL LEAGUE. Boston at Pittsburg, game postponed on account of rain. Philadetphia at Chicago, game post- poned on account of wet grounds,

TAID cireviation Ss. RR BR es ae ee ee ed Be isaid Lintner, St. Louis of the * Lottery,” a scope uncovered By af | a lived at the Rutger street address that he recetved mail there s Smith.” His own Bac ared Twelfth-street — into the house: Mexican Na Lotter: rey er asked, | ¥" <3 ae si? BS “Not now,” replied Lintner, | y ‘can get you all the tlekets from @ friend." oe ae “©, that don’t ml ke any right.” , He was asked how eee tt mate since he quit handling the tickete, ~) salé ‘about six months.” Sie “The game got too hard,” he: Government is too strenuous | game: ain't worth the candle, S bye t cents on the dollar don’t pay - 9 run the risk of the Penitentiary.” a Lintner said he could get two tick for the reporter and told him te Vvednesday and get them. “The last drawing was said. “I had two tickets, bat Fh heard yet whether they thing.” ) Lintner said he was lived with his mother, : ob interest, he told the, reporter, dise Park, a saloon and East St. Louls. “In the oi¢ said, when things in ea wide open, he operated a nase at 716 Clark ventless Hickory Street Ac In an Associated Press 4 i. pone a : nia . wes wi ‘New York it was ‘ia tat 8 street” had, been fousd. In a Gt frem the New York oe Dispatch it was said that was addressed to “soneph grocery. Lintner also said he aa either Sander or Sanger. Neither the name Sanger | appears in the 8&t. sae The New York officers the lottery have been. o case for weeks. a: 7